Determination to Reduce Appropriation Upon Request (No. 3 of 2004-2005)

Administered by Department of Finance

Legislation au F2005L01127 Not in force Legislative Instrument

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Explanatory Statement

 

Appropriation Act (No. 3) 2003-04, Section 10 – Reduction of Appropriations from Prior Years Upon Request

 

The instrument to which this explanatory statement relates

This explanatory statement relates to an instrument (the instrument) entitled “Determination to Reduce Appropriation Upon Request”, dated 11 April 2005 and numbered 3 of 2004-2005.

The legislative authority under which the instrument is made

Section 10 of Appropriation Act (No. 3) 2003-04 enables the Finance Minister to make a determination reducing departmental appropriations for prior years from 19992000, up to and including Appropriation Act (No. 1) 2003-04, upon receipt of a written request from the Minister responsible or, in the case of an agency in the Finance portfolio, the Chief Executive. 

The provision was included in Appropriation Act (No. 3) 2003-04 to enable excess departmental appropriation items for prior years, which do not automatically lapse, to be extinguished. Excess appropriation may arise where, for example:

  • An amount is reclassified and appropriated again under another kind of appropriation;
  • Efficiency savings result in a programme costing less than expected; and
  • A programme under Government policy is abolished prior to the appropriation being expensed.

A determination issued by the Finance Minister pursuant to section 10 of Appropriation Act (No. 3) 2003-04 cannot reduce an appropriation item by more than the lesser of the amount requested by the responsible Minister or Chief Executive (as appropriate), and the balance of the appropriation item remaining in the Consolidated Revenue Fund.

Purpose of the instrument

The instrument directs that departmental outputs appropriation for the Department of Health and Ageing in Appropriation Act (No. 1) 2003-04 be reduced by $2,500,000. 

Background

On 4 May 2004, the Minister for Health and Ageing, the Hon Tony Abbott, wrote to the Minister for Finance and Administration seeking a reduction of the Department of Health and Ageing’s departmental outputs appropriation in Appropriation Act (No.1) 2003-04 by $2,500,000. The appropriation was for costs related to the establishment of the Trans-Tasman Therapeutic Products Agency. However, because of a delay in the implementation of that Agency, that funding became excess to the Department of Health and Ageing’s requirements.

Notes on the instrument

The instrument provides that the appropriation item in column 1 for the Department of Health and Ageing be reduced in response to a request made by the Minister in column 4 by the amount listed in column 6.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.